Fort Worth weekly gazette. [volume] (Fort Worth, Tex.) 1882-1891, 1887-05-06

stitution,' and those voting against the adop
ton of said amendment shall nave written OF
printed on their ballots the words, against the
amendment to Section Four, Article Six, of the
Constitution"
Approved April 4, 1887.
No. It's. j. R. No. 26.I Joiut Resolution tc
amend Article Five of the Constitution of the
Be it resolved by the Legislature of the State
of Texas, That Article Five of the Constitution
of the state of Texas shall be SO amended as 10
hereafter read as follows:
ARTICLE FIVE.
Section ]. The juGicial power of this state
shall be vested in one supreme court, one
Court of Appeals, IN district courts, anc in
such inferior courts as may fcom time to time
be created by general or special law.
Sec. 2. The Supreme court shall consist
of such number of justices, not less than i've
nor more than seven, as may from time to time
be determined by the Legislature. Such JUS
tices shall be elected by the qualified voters of
the state at general election, and shall hold
their offices for a term OF six years.
Sec 3. The chief justice and the, associate
justices of the supreme court who may be in
Office when this amendment goes into effect,
together with sufficient number to make the
number of five, rhall constitute the Supreme
court until such number shall be Increased by
law. Upon the adoption of this amendment
the Governor shall appoint a sufficient number
of justices of the supreme court, in addition to
those who may be IN office at the time, to make
the number of five, who shall hold their offices
until the next general election. The justices
of the supreme court VINO may be in Office
wh n this amendment is adopted, shall CON
1inue to serve until their terms of office expire
by the Constitution and laws under which they
were elected.
Sec. The justices of the Supreme court
shall select from their own number presiding
officer, who shall be called the chief justice, and
who shall hold for such tenn and perform such
duties as may b. prescribed by the courts pro-
Eided, the chief ju stice who msy be in Office at
the time when this amendment shall take effect
shalT be the chief justice of the supreme court
hereby esJabnsnea until the expiration ofs his
ternlsof Office under his former election OE&p
poiHfment. -
5sSec s Each Justice o. 'ha Supreme e5aSt
shall be qua lined voter. Shalt have arrived at
t1eage of thirty years, and snail have been s
praeHcing lawyer In thisfate, or Judge of a
dissftct court therein, or sEgh, judge andiawyer
toge9her, ssleast seven yeAfs.at the time Of his
Sec. is Each Justice Of the supreme court
shall feeelye anS2nnuSd salary of not more than
$500. x
i7Sec !. FAC Supreme court shall have power,
Rpon afidsStt or otherwise, as by the court
may be thought proper, to ascertain such mat
tiers of fact hssnay be necessary to the exercise
2of lis ] irisdictipn.
= Sec The Saureme court shall have power
TO make rules of procedure for its Own sc vern
ment. and the government of the other courts
of the state over which 1t may have appellate
Jurisdiction; provided, such rules shall not be
inconsistent with the laws of the state.
j Sec. 9. The Supreme court shall appoint q
Clerk for each place at which 1t may sit, who
Rhall hold his Off e for TOUR years, subject to
Removal by the court, and who shall give such
Bond as is or may be prescribed by law.
Sec. 10. The Supreme court shall sit for the
transaction of business from the first Monday
in september to the last Saturday in June of
every year, provided the business before 1t is
not sooner disposed of, at the seat OF govern
ment and at not more than two other places in
the state
Sec II The Supreme court may organize,
for the more speedy dispatch of business, into
such divisions as may be deemed eXpedient,
and under such rules and regulations as may
be prescribed by the court.
Sec. y. The supreme court shall have appel
late jurisdiction of civil cases proceedings, and
controversies. both as to law and fac, with
such exceptions and under such regulations
as may be provided by Jaw,
Sec ID. The Supreme court and the Justices
thereof snail have power to issue all wrtts
the exercise Of It's jurisdiction, or 10 enforce
the same; said courG shall also have power by
mlnCamus or OtherW ise TO compel the District
and iafer!or courts to proceed with the trial Of
cases pending in said courts of viii n il would
have CogniZance of appeal
Sec Il. The Legislature may confer upon the
Supreme court exclusive original juri .dicion
to issue wrils of mandamus and Injunction
against the heads of s ate departments, except
as ag int the Governor
COURT OF APPEALS.
Sec 10. The Court of Appeals shall con-
sist of three judges, VINO shall each be elected
by the qualified voCers Of the state at general
election, and VINO shall hold their ;es for
the term IF six years. The judges of the Court
of Appeals, or so many of them as there may
be- VINO shallbe in Office at the time this amea d.
N, mt shall take effect, shall be judges of said
court as hereby established, and shall hold
their said offices until the expiration of their
respective terms under their former election
or appOintm ent5. And should there be. at the
adoption of this amendment, less than three
judges of said Court of Appeals. the Governor
shall appoint the requisite number of additional
in, to constitute q cOUrt of three members.
and the judges so appointed shall hold their
office until the next genera election
Sec. l6 The several judges of the Court OF
Appeals shall possess the same qualihchtions
and receive the same salary as justices OF the
supreme court. The judges shall select from
their own number presiding Judge, VINO snail
perform such duties and hold for such term as
the court may prescribe. y majority OF the
court shall constitute quorum, and the con-
currence of two of the judges shall be neces-
sary to a decision. The court shall sit at the
same time and places as are prescribed for the
supreme court. The court and the judges
thereof shall have power to issue the writ of
habeas corpus and all Writs known to the law
which may be necessary to the exercise of It's
jurisdiction or to enforce the same. They shall
also have power by mandamus or otherwise to
compel the District and inferior courts to pro
coed with the trial of cases pending in said
courts of which the Court of Appeals would have
cOgniZance on appeal. The court shall also
have power to ascertain such facts as may be
necessary in the exercise of its Jurisdiction.
Sec. IL, The Court OF Appeals shall have ap-
pellaIe jurisdiction of criminal cases, with such
exceptions and under such regulations as may
be prescribed by law.
Sec. Is. The Court of Appeals shan appoint
clerk for each place at which 1t may sit, who
shall hold his Office for four years, subject to
removal By the court, and who shall give such
bond as is or may be prescribed by law.
DISTRICT COURT.
Sec. 10. The state shall be divided into con-
venient number of judicial districts, consisting
of one or more counties. Regular terms OF the
court shall be held by the district judges at the
county seat of each county in the district at
least twice in each year, in such manner as may
be prescribed by general or local law.
Sec. 20 There snail be a district Judge for
each judicial district, who shall be elected by
the qualified voters of the district at general
election. He shall hold his Office for the term
of four years from the date of his election. The
district judges who may be in office when this
amendment takes effect shall hold their
offices until the expiration of their several
terms Under the present constitution and laws.
Sec q. Each district judge shall be quail
fed voter and resident of the district, shall
have arrived ct tse age of twenty eight years,
an'i shall have been a pract1cing lawyer In this
state at least six years, and shall reside In his
district during his term of Office.
Sec. %. The judges of the district courts shall
receive an annual salary of $500, which shall
be paid as prescribed by law.
Sec. o. The district courts shall be courts
81 d. ahQll ~ of.